Research On The Construction Of Supervisory Compensation System

The Supervision Law of the People’s Republic of China gives the Supervisory Committee a series of powers to restrict the personal and property rights of citizens,and the issue of compensation for violations of the civil rights by the supervisory power is only a programmatic provision of Article 67.The incompleteness stipulated by the law and the insufficiency of the system supply make it difficult to implement the specific implementation of supervisory compensation.The establishment of a supervisory compensation system requires personalized design in terms of the principle of liability,scope of application,and construction of specific procedures on the basis of respecting the general provisions of state compensation and taking into account the particularity of supervisory compensation.The principle of liability for violations and the principle of liability for results should be the principle of liability for supervisory compensation.The principle of liability for results only applies to special cases where the supervisory authority makes a decision not to prosecute and cancel the case after the end of the lien.The scope of supervisory compensation includes two basic types of personal damage and property damage.When making compensation,special attention should be paid to the mental damage caused by illegal supervision to the object of supervision,and the applicant for compensation should be allowed to file for mental damage when applying for supervisory compensation.And agree.In order to clarify the scope of supervisory compensation,the compensable supervisory actions should be enumerated,and the specific actions that should not be compensated should be determined to improve the operability of supervisory compensation,which is more in line with China’s legislative practice.The supervisory compensation procedure can be used as a reference to the criminal compensation procedure,retaining the pre-processing procedure,and then entering the reconsideration procedure.The final decision is made by the compensation committee of the people’s court.Considering the immaturity of legislative technology and the necessary legislative periodicity requirements,in the short term,the supervisory committee may formulate supervisory compensation regulations to provide legal channels for real-time acquisition of supervisory compensation;in the long run,given that supervisory compensation is essentially state compensation,The final legislative choice for supervisory compensation should be to amend the "National Compensation Law",by adding a special chapter on supervisory compensation to achieve the harmonization of supervisory compensation and state compensation.